State v. Smith

490 So. 2d 365
Louisiana Court of Appeal·Decided May 28, 1986·No. KA 85-1383·Published·Cited by 20 cases

Opinion

490 So.2d 365 (1986)

STATE of Louisiana
v.
Alvin K. SMITH.

No. KA 85-1383.

Court of Appeal of Louisiana, First Circuit.

May 28, 1986.
Writ Denied October 3, 1986.

*366 Bryan Bush, Dist. Atty., Baton Rouge, by Premila Burns, Asst. Dist. Atty., for plaintiff-appellee.

Lewis O. Unglesby, Baton Rouge, for defendant-appellant.

Before CARTER, SAVOIE and ALFORD, JJ.

CARTER, Judge.

This is an appeal by defendant, Alvin K. Smith, Jr., from a second degree murder conviction.

FACTS

On the evening of February 27, 1984, Alvin K. Smith, Jr. fatally wounded his estranged wife, Janet Smith, using a butcher knife. The incident took place in her home in Baton Rouge, Louisiana. At approximately *367 9:00 p.m. that evening, Detective Eberhart of the East Baton Rouge Parish Sheriff's Department responded to a call at 3935 Country View (Janet Smith's residence) concerning what he believed to be a burglary in progress. The Smith's twelve-year-old daughter Dory, who was hysterical, had phoned the Sheriff's Department. When Detective Eberhart arrived, he found Janet Smith lying on the kitchen floor with a knife near her body. Detective Eberhart also found Dory crying and pointing to defendant, stating "He's the one that hurt my momma." After the defendant was handcuffed and read his Miranda rights, he told Detective Eberhart that he had been served with child support papers earlier in the day and that he was going to Janet Smith's residence to discuss this with her. He then stated, "I had to do it. She was screaming and hollering. I had to hurt her. I couldn't help it." Thereafter, emergency medical personnel arrived and began attending to Mrs. Smith, who died about half an hour later at a local hospital.

After the defendant was transported to a nearby Sheriff's Office Substation, he made another statement indicating, for the first time, that Mrs. Smith had attacked him with a knife.

The next day, the coroner's examination revealed that Mrs. Smith's body had sixteen lacerations of various lengths, including some defense wounds on her hands and arms. The fatal wound was a stab wound in her back, approximately four inches deep, which had penetrated her left lung. In addition to these wounds, there were four small puncture wounds in her abdomen, which were made with an ice pick or other similar object. There were also several abrasions on her arms and legs. East Baton Rouge Parish Coroner Dr. Hypolite Landry testified that Mrs. Smith died as a result of blood loss from these wounds, primarily from the stab wound to the back.

Explaining why he went to Mrs. Smith's home, the defendant testified that, earlier in the day, he had been served with a petition demanding a large increase in child support. He stated that he went to see Mrs. Smith, but that no one was home. He then drove to a nearby convenience store to purchase something, and he pulled in next to Mrs. Smith's car. He testified that she invited him to follow her home because she wanted to talk to him.

The defendant's testimony, however, was contradicted by the testimony of Kay Hall, a close friend of Mrs. Smith. Ms. Hall testified that, on the evening in question, she received a call from Mrs. Smith, who was at a convenience store pay telephone. Mrs. Smith had just seen defendant driving in her neighborhood and expressed concern for her safety. Mrs. Smith asked Ms. Hall to come over to her house, but Ms. Hall declined. Mrs. Smith asked Ms. Hall to call her at home in a few minutes. When Ms. Hall called, Mrs. Smith answered and said that the defendant was there. Ms. Hall called back two more times within the next half hour to check on Mrs. Smith. However, when she called the last time, a Sheriff's deputy answered.

At trial, the defendant admitted that he stabbed his wife. However, he argued that she attacked him with the knife and that, after a struggle, he fell on top of her and the knife went into her back. The defendant testified that he and the deceased had had a troubled relationship for several years and that Mrs. Smith had been physically aggressive toward him on several occasions. One such incident was confirmed by A.K. Smith, Sr., who testified that he had observed Mrs. Smith chase defendant through the house with a butcher knife. Thiel Amos, a former Sheriff's deputy, testified about another fight between the defendant and Mrs. Smith. The former deputy related that during that incident, defendant was forced to physically restrain Mrs. Smith until the police arrived at his apartment. The defense also called Mr. and Mrs. Roger Denson, both of whom testified that, in early 1984, the defendant was visiting at their home when Mrs. Smith knocked on the door and asked to see him. They testified that she was physically and verbally abusive toward the defendant and *368 that he pushed her outside the house and locked the door.

In the past, the defendant had always been able to physically control his wife, whom he outweighed by forty-five to fifty pounds. The defendant testified that this situation was similar to past incidents in which his wife had attempted to harm him, except that this time he was unfamiliar with the house and was, therefore, unable to escape from her.

Defendant was charged by indictment with the second degree murder of his estranged wife, Janet Smith, in violation of LSA-R.S. 14:30.1. He pled not guilty and later changed his plea to not guilty and not guilty by reason of insanity. A Sanity Commission subsequently determined that the defendant was competent to stand trial. By a vote of 10-2, the jury found defendant guilty as charged. The defendant subsequently received the mandatory sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.[1] The defendant has appealed, alleging two assignments of error, viz.:

1. The evidence is insufficient to support the defendant's conviction of second degree murder; and
2. The trial court erred in failing to grant a motion for new trial or motion to reduce the sentence to manslaughter.

ASSIGNMENT OF ERROR NO. 1

(Self-Defense)

Defendant contends that the second degree murder conviction is contrary to the law and the evidence in that the state failed to prove beyond a reasonable doubt that the offense was not committed in self-defense.

In his brief, the defendant cites State v. Shapiro, 431 So.2d 372 (La.1982), and State v. Graham, 422 So.2d 123 (La.1982), for the proposition that, when reviewing the sufficiency of evidence, the circumstantial evidence rule (LSA-R.S. 15:438) must be applied independently of and in addition to the Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), standard of review. We disagree.

In State v. Nealy, 450 So.2d 634, 636-37 (La.1984), the Louisiana Supreme Court made the following comments concerning the standard of review for the sufficiency of evidence to be employed by appellate courts:

The constitutional standard of review for the sufficiency of evidence to support a conviction is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found that the state proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d

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